Hardison v. State’s Empirical Analysis

Citation profile

9 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “‘First, the party objecting to the peremptory strike of a potential juror must make a prima facie showing that race was the criterion for the strike. Second, upon such a showing,1 the burden shifts to the [proponent of, the strike] to articulate a race-neutral reason for excluding that particular - juror. Finally, after a race-neutral explanation has been offered by [the proponent of the strike], the trial court must determine- whether the objecting party has met its burden to prove that there has been purposeful discrimination in the exercise, of the peremptory strike, i.e., that the reason given was a pretext for discrimination. . .”

   3 later decisions quote this exact passage
   e.g. Donte Shepard v. State of Mississippi · Gerry Love v. State of Mississippi

2. “(1) the opponent is a member of a cognizable class, such as a racial group; (2) the proponent has used peremptory strikes to remove venire members in that class; and (3) the facts and circumstances give rise to an inference that the proponent used peremptory strikes to purposefully remove individuals of that class.”

   1 later decision quote this exact passage
   e.g. Donte Shepard v. State of Mississippi

3. “must allow the strike unless the other party demonstrates that the valid race-neutral reason was a pretext for discrimination.”

   1 later decision quote this exact passage
   e.g. Donte Shepard v. State of Mississippi